Supreme Court | Reason Archives (original) (raw)

Former Florida congressman Matt Gaetz at a Trump-Vance rally in Coachella | Ian L. Sitren/Zuma Press/Newscom

Trump Administration

The Math Does Not Favor Avoiding Senate Scrutiny of Trump's Bizarre Cabinet Picks

Several Republican senators have said they are not inclined to abdicate their "advice and consent" role in presidential appointments.

Jacob Sullum | 11.15.2024 2:10 PM

Desiree Martinez | Institute for Justice

Police Abuse

Supreme Court Won't Hear a Qualified Immunity Case Where a Cop Disclosed an Abuse Report to a Woman's Abuser

Desiree Martinez says police officers ignored her attempts to report her abusive boyfriend, who was also a cop. Those officers now have immunity from her lawsuit.

C.J. Ciaramella | 11.14.2024 2:00 PM

Supreme Court

Justice Gorsuch Wants To Hear More (Takings) Cases

Justice Gorsuch shows more interest in property rights challenges than his colleagues on the Court.

Jonathan H. Adler |The Volokh Conspiracy | 11.13.2024 2:41 PM

Climate Change

Supreme Court Refuses to Resurrect the Kids Climate Case

Unsurprisingly, no justice showed any interest in reviving a lawsuit that should have died long ago.

Jonathan H. Adler |The Volokh Conspiracy | 11.13.2024 2:22 PM

U.S. District Judge Stephen P. McGlynn | U.S. District Court for the Southern District of Illinois

Second Amendment

Federal Judge Enjoins Enforcement of the Illinois 'Assault Weapon' Ban

U.S. District Judge Stephen McGlynn says the law bans firearms covered by the Second Amendment and is not supported by historical precedent.

Jacob Sullum | 11.11.2024 1:40 PM

Donald Trump at a Florida town hall | Guille Briceno/imageSPACE/Mega/CFSAN/Newscom

Supreme Court

During Trump's Second Term, the Supreme Court's Critics Will Be Grateful for Its Restraining Influence

The justices, including Trump's nominees, have shown they are willing to defy his will when they think the law requires it.

Jacob Sullum | 11.7.2024 3:50 PM

Sen. Rand Paul is pictured next to Curtrina Martin and her son | Bill Clark/CQ Roll Call/Newscom; Institute for Justice

FBI

The FBI Wrongly Raided This Family's Home. A Bipartisan Group of Lawmakers Wants the Supreme Court To Step In.

A federal court denied them the right to sue—despite Congress enacting a law five decades ago specifically for situations like this one.

Billy Binion | 11.4.2024 5:34 PM

Priscilla Villarreal holding a cell phone | Photo: Reason

First Amendment

Citizen Journalism Is Under Attack. This Texas Woman Is Fighting to Save It.

After being arrested for doing journalism, Priscilla Villarreal has taken her fight to the courts.

Billy Binion | 11.3.2024 6:30 AM

No trespassing sign | Photo: Grb/iStock

Fourth Amendment

After 100 Years, End the Open Fields Doctrine

Federal agents are allowed to search private property without a warrant under this Prohibition-era Supreme Court precedent.

Joe Lancaster | 10.31.2024 6:00 AM

0 bills | University of Chicago Press

Politics

A Look Back at the Panic Over Big Money in Politics

Law professor Ann Southworth offers a balanced take on the fallout from the Supreme Court's Citizens United decision.

Walter Olson | 10.29.2024 6:30 AM

tractor-trailers parked at a logistics center | Image Broker/Jochen Tack/Newscom

Drug Testing

SCOTUS Case Involving Cannabis Fraud Highlights the Illogic of Federal Drug Testing Mandates

A trucker lost his job because he tested positive for marijuana after consuming a supposedly THC-free CBD tincture.

Jacob Sullum | 10.23.2024 3:00 PM

IMG_2108 | Lex Villena; Carlos Kosienski/Sipa USA/Newscom

Election 2024

Should We Trust the 2024 Election Polls?

Plus: A listener asks the editors if the prospect of Supreme Court nominations is reason enough to favor Trump over Harris in this year’s presidential election?

Matt Welch, Nick Gillespie, Peter Suderman, and Stephanie Slade | 10.21.2024 5:15 PM

Administrative Law

Supreme Court to Tackle Who Can Sue Agencies Where and for What

With today's cert grants, the Court now has four cases that address the issue of where suits can be filed against federal agencies and who can file them.

Jonathan H. Adler |The Volokh Conspiracy | 10.21.2024 10:59 AM

Supreme Court

Justice Kagan Does Not Like INS v. Chadha

Another interesting aside in the Royal Canin oral argument.

Jonathan H. Adler |The Volokh Conspiracy | 10.19.2024 8:16 AM

Supreme Court

Justices Alito and Sotomayor on How Courts Read Dicta

An amusing and potentially revealing exchange in a recent oral argument.

Jonathan H. Adler |The Volokh Conspiracy | 10.19.2024 7:53 AM

Supreme Court

Supreme Court Refuses to Stay Biden EPA Power Plant Rule

Some were surprised by the Supreme Court's action, but they should not have been.

Jonathan H. Adler |The Volokh Conspiracy | 10.17.2024 3:06 PM

Joe Biden in front of a sign that says "Canceling student debt" | Photo: Adam Schultz/White House/Alamy

Biden Administration

Biden Thinks He Found a Student Loan Loophole

Is this latest attempt at student debt forgiveness a serious policy or a pre-election ploy?

Emma Camp | 10.17.2024 6:00 AM

Priscilla Villarreal, also known as Lagordiloca, is pictured beside the Supreme Court | Illustration Lex Villena; Reason TV; Steven Frame | Dreamstime.com

First Amendment

This Reporter Was Arrested for Asking Questions. The Supreme Court Just Revived Her Lawsuit.

Priscilla Villarreal's case is about whether certain reporters have more robust free speech rights than others.

Billy Binion | 10.15.2024 5:25 PM

Police officer using a cell phone | Valery Sharifulin/ZUMAPRESS/Newscom

14th Amendment

Police Want the Password to Your Phone

Without a warrant and specific proof of incriminating evidence, police should never be allowed past your phone’s lock screen.

Patrick Eddington and James Craven | 10.14.2024 10:45 AM

a Sunrise Beach, Missouri, police car | SBPD

Police Abuse

SCOTUS Revives Lawsuit Against Missouri Cop Who Jailed a Man 'for Being an Asshole'

Mason Murphy says Officer Michael Schmitt violated his rights by punishing him for constitutionally protected speech.

Jacob Sullum | 10.11.2024 5:20 PM

Judiciary

The First Real Judicial Filibuster

Remembering the first time a partisan Senate minority blocked a judicial nomination that enjoyed majority support.

Jonathan H. Adler |The Volokh Conspiracy | 10.11.2024 10:36 AM

Supreme Court

Business and the Roberts Court Revisited

An examination of how Donald Trump's appointments to the Supreme Court have affected business interests.

Jonathan H. Adler |The Volokh Conspiracy | 10.10.2024 10:22 PM

A still image of Jeremy Strong as Roy Cohn, and Sebastian Stan as a young Donald Trump, in the 2024 movie The Apprentice, against the backdrop of pieces of the Supreme Court case Citizens United v. FEC | Illustration: Lex Villena; Apprentice Productions Ontario Inc./Profile Productions 2 APS/Tailored Films LTD

Donald Trump

If You See the Trump Biopic Before Election Day, Thank Citizens United

At its core, the oft-denigrated decision revolved around whether the government can censor information leading up to an election.

Joe Lancaster | 10.10.2024 8:00 AM

Kamala Harris is pictured next to a Glock | Illustration Lex Villena; Andrea La Corte | Dreamstime.com; Screenshot, YouTube

Gun Rights

Kamala Harris Says She Owns a Handgun—Despite Fighting To Ban Others From Doing the Same

Journalists should be interested in interrogating this contradiction, should the 2024 presidential candidate continue giving interviews.

Billy Binion | 10.9.2024 5:15 PM

Photos of J.D. Vance, Donald Trump, Kamala Harris, and Tim Walz against a background showing the U.S. Constitution | Illustration: Lex Villena; photos: Aaron Schwartz, CNP, Mega, RSSIL,  Ron Sachs, Mark Hertzberg, Brian Cahn, Zuma Press, Newscom

Free Speech

Neither Harris Nor Trump Is a Friend of Free Speech

Both presidential candidates (and their running mates) seem confused about the constraints imposed by the First Amendment.

Jacob Sullum | 10.9.2024 12:01 AM

gun parts | 80% Arms

Guns

Most Justices Seem Inclined To Uphold the ATF's New Restrictions on Homemade Firearms

The Supreme Court is considering whether a rule targeting "ghost guns" exceeds the agency's statutory authority.

Jacob Sullum | 10.8.2024 7:05 PM

5th Circuit Judge Patrick Higginbotham | Jason Moore/Zuma Press/Newscom

Police Abuse

A Texas Cop Endangered Himself by Jumping Onto a Moving Car. Then He Shot the Driver.

The Supreme Court will review a 5th Circuit decision that let the officer off the hook without considering the recklessness that turned a routine traffic stop into a deadly encounter.

Jacob Sullum | 10.7.2024 4:55 PM

minisOVER-RULED | Blackstone Publishing

Supreme Court

Review: Neil Gorsuch Says There Are Too Many Laws

No one knows how many federal crimes there are, the Supreme Court justice notes in Over Ruled.

Jacob Sullum | 10.4.2024 6:30 AM

John Stossel is seen next to a headline that says, "Retiree loses home over  tax bill" | Stossel TV

Property Rights

Governments Are Still Stealing People's Home Equity Over Modest Tax Debts

A handful of states use loopholes to get around a Supreme Court ruling that declared the practice unconstitutional.

John Stossel | 10.2.2024 7:30 AM

Supreme Court

Previewing the Next Supreme Court Term (Updated)

A panel examining what is in store for October Term 2024.

Jonathan H. Adler |The Volokh Conspiracy | 9.27.2024 10:55 AM

Chevron Doctrine

Justice Kavanaugh Warns Against Over-Reading Loper Bright Decision

The Court's decision to overturn Chevron should be seen as more of a "course correction" than a revolution. (Updated with Video.)

Jonathan H. Adler |The Volokh Conspiracy | 9.27.2024 8:35 AM

Photo of Thurgood Marshall Courthouse. | John Lamparski/ZUMAPRESS/Newscom

New York City

Second Circuit Rules Intent To Racially Balance NY High Schools Is Unconstitutional

Judge Joseph Bianco’s decision emphasizes that constitutional rights and protections belong to individuals, not groups.

Jack Nicastro | 9.26.2024 1:34 PM

Ben and Hank Brinkmann next to a photo of the Supreme Court | Sean Pavone | Dreamstime.com

Eminent Domain

Will SCOTUS Take on New York's Latest Eminent Domain Scam?

Two brothers are asking the Supreme Court to stop their town from using eminent domain to steal their land for an empty field.

Arif Panju | 9.26.2024 11:30 AM

Supreme Court

Kannon Shanmugam on the Legitimacy of the Supreme Court

A prominent appellate practitioner responds to recent attacks on the justices and the Court.

Jonathan H. Adler |The Volokh Conspiracy | 9.23.2024 3:07 PM

featureabortion | Illustration: Joanna Andreasson Source images: iStock

Abortion

These Pro-Lifers Don't Love Abortion Bans

Reason talked with pro-life Americans who are uncomfortable with the post–Roe v. Wade abortion policy landscape.

Elizabeth Nolan Brown | 9.22.2024 6:00 AM

Supreme Court

A Critique of Justice Kagan's Supreme Court Ethics Reform Proposal

Could a panel of lower court judges evaluate ethics complaints against Supreme Court justices?

Jonathan H. Adler |The Volokh Conspiracy | 9.20.2024 12:10 PM

A drone flying next to its pilot | Institute for Justice

Free Speech

Drones Face Supreme Court Showdown Over Free Speech Rights

State boards use outdated laws to target content creators, raising urgent questions about free speech in the digital age.

Paul Avelar and Sam Gedge | 9.19.2024 10:30 AM

Texas Attorney General Ken Paxton speaks at the 2024 Conservative Political Action Conference | CNP/AdMedia/Sipa/Newscom

First Amendment

A Texas Reporter Was Arrested for Asking Questions. The State Says That's No Big Deal.

Opposing Priscilla Villarreal's petition for Supreme Court review, Texas Attorney General Ken Paxton portrays basic journalism as "incitement."

Jacob Sullum | 9.18.2024 3:55 PM

A promotional picture for the Netflix movie Rebel Ridge | Netflix

Civil Asset Forfeiture

A Movie Mirrors the Stranger-Than-Fiction Reality of Civil Asset Forfeiture

The outrageous seizure at the center of Rebel Ridge resembles real-life cash grabs.

Jacob Sullum | 9.18.2024 12:01 AM

Standing

Alliance for Hippocratic Medicine on Remand—Still Struggling with Standing

No, the U.S. Court of Appeals for the Fifth Circuit's initial standing rulings were not faithful applications of Supreme Court precedent.

Jonathan H. Adler |The Volokh Conspiracy | 9.17.2024 1:24 PM

Donald Trump

Final Published Version of My Article "A Lost Opportunity to Protect Democracy Against Itself: What the Supreme Court Got Wrong in Trump v. Anderson"

It is now available on SSRN. The article critiques the Supreme Court's decision in the Trump Section 3 disqualification case.

Ilya Somin |The Volokh Conspiracy | 9.16.2024 9:17 PM

Climate Change

A Last Ditch Attempt to Bring Kids Climate Case Back from the Dead

The plaintiffs in Juliana v. United States are seeking Supreme Court intervention to revive their case against the federal government.

Jonathan H. Adler |The Volokh Conspiracy | 9.16.2024 3:50 PM

Supreme-Court-building-Joe-Ravi-Wikimedia | Joe Ravi/Wikimedia/CC-BY-SA 3.0

Donald Trump

A Modest Revelation About Trump v. Anderson

Recent New York Times reporting about the Court's deliberations on the case modestly reinforces the view that the Court ruled that disqualification from office-holding under Section 3 requires congressional legislation.

Ilya Somin |The Volokh Conspiracy | 9.15.2024 8:31 PM

Solicitor General

A Conversation with Solicitor General Elizabeth Prelogar

One of the nation's finest oral advocates discusses representing the United States in the Supreme Court and other topics.

Jonathan H. Adler |The Volokh Conspiracy | 9.15.2024 10:42 AM

An illustration of a Polar Bar and the Chevon logo | Illustration: Joanna Andreasson; Source images: Chevron, Natural Resources Defense Council

Big Government

The Supreme Court Reined in Federal Regulators. What Happens Now?

The Court this year reversed Chevron, a decades-old precedent giving bureaucrats deference over judges when the law is ambiguous.

Peter Suderman | 9.10.2024 6:00 AM

Gov. Gavin Newsom with the Bill of Rights in the background | Lex Villena; Tom Williams/CQ Roll Call/Newscom

Second Amendment

9th Circuit Partly Upholds Injunctions Against Location-Specific Gun Bans in California and Hawaii

The ruling says some restrictions on guns in "sensitive places" are constitutionally dubious but upholds several others.

Jacob Sullum | 9.9.2024 4:30 PM

A train station in Garfield, Illinois | CTA

Second Amendment

A Federal Judge Says Carry-Permit Holders Have a Right to Armed Self-Defense on Public Transit

The ruling concludes that the government failed to show an Illinois ban is "consistent with this Nation's historical tradition of firearm regulation."

Jacob Sullum | 9.4.2024 2:15 PM

Priscilla Villarreal holding a phone while filming the police | Illustration: Adani Samat/Midjourney

Free Speech

This Texas Woman Was Jailed for Her Journalism. Is She the Future of Media?

Priscilla Villarreal, known as "Lagordiloca," is suing law enforcement for violating her First Amendment rights. She is appealing to the Supreme Court.

Billy Binion | 9.3.2024 12:00 PM

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